Implementation of a ban on the export of certain hazardous pesticides  from Germany
Legal opinion

Implementation of a ban on the export of certain hazardous pesticides from Germany

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The German government has announced it will implement an export ban on certain hazardous pesticides. A draft of the implementation policy will be presented during the spring of 2023. The goal of the export ban is to eliminate double standards in the pesticide trade. Double standards arise when active ingredients and pesticide products that are not approved or authorised in the European Union (EU) because of their environmental and health hazards or risks are nevertheless exported from Germany to countries outside the EU.

A legal opinion written by Mirka Fries (LL.M.) and Ida Westphal (Ass. Iur.) and commissioned by the European Center for Constitutional and Human Rights (ECCHR), the Heinrich Böll Stiftung, INKOTA netzwerk, the Pesticide Action Network Germany (PAN Germany), and the Rosa Luxemburg Stiftung examines the potential scope of such an export ban and if it could be compatible with the law of the European Union as well as the General Agreement on Tariffs and Trade (GATT) of the World Trade organization (WTO).

Product details
Date of Publication
January 2023
Publisher
European Center for Constitutional and Human Rights (ECCHR), Heinrich-Böll-Stiftung, INKOTA-netzwerk, Pestizid Aktions-Netzwerk (PAN Germany) und Rosa-Luxemburg-Stiftung
Number of Pages
22
Licence
Language of publication
English
Table of contents

A. Introduction

B. Material scope of an export ban
I. Approval and authorisation according to the PPP Regulation
II. PIC Regulation
III. Overview of possible points of reference in existing EU law

C. Legal contestability of an export ban
I. Legal protection before German courts
   1. Legal standing
   2. Compatability with EU law
   3. Compatability with German law
II. Compatibility with world trade law

   1. Justification of the measure under Article XX lit. b GATT
   2. Justification of the measure under Article XXX lit. g GATT
   3. No arbitrary and unjustified discrimination or disguised trade restriction
   4. Conclusion

D. Draft export ban

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